Kansas Statutes 75-4333. Prohibited practices; evidence of bad faith
Terms Used In Kansas Statutes 75-4333
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arbitration: means interpretation of the terms of an existing or a new memorandum of agreement or investigation of disputes by an impartial third party whose decision may or may not be final and binding. See Kansas Statutes 75-4322
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conditions of employment: means salaries, wages, hours of work, vacation allowances, sick and injury leave, number of holidays, retirement benefits, insurance benefits, prepaid legal service benefits, wearing apparel, premium pay for overtime, shift differential pay, jury duty and grievance procedures, but nothing in this act shall authorize the adjustment or change of such matters which have been fixed by statute or by the constitution of this state. See Kansas Statutes 75-4322
- Employee organization: means any organization which includes employees of a public agency and which has as one of its primary purposes representing such employees in dealings with that public agency over conditions of employment and grievances. See Kansas Statutes 75-4322
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fact-finding: means investigation of such a dispute by an individual, panel, or board with the fact-finder submitting a report to the parties describing the issues involved; the report shall contain recommendations for settlement and may be made public. See Kansas Statutes 75-4322
- Lockout: means action taken by the public employer to provoke interruptions of or prevent the continuity of work normally and usually performed by the employees for the purpose of coercing the employees into relinquishing rights guaranteed by this act. See Kansas Statutes 75-4322
- Mediation: means effort by an impartial third party to assist in reconciling a dispute regarding conditions of employment between representatives of the public agency and recognized employee organizations through interpretation and advice. See Kansas Statutes 75-4322
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Public employee: means any person employed by any public agency, except those persons classed as supervisory employees, professional employees of school districts, as defined by subsection (c) of Kan. See Kansas Statutes 75-4322
- public employer: means every governmental subdivision, including any county, township, city, school district, special district, board, commission, or instrumentality or other similar unit whose governing body exercises similar governmental powers, and the state of Kansas and its state agencies. See Kansas Statutes 75-4322
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Strike: means an action taken for the purpose of coercing a change in the conditions, rights, privileges or obligations of employment through the failure by concerted action with others to report for duty or to work at usual capability in the performance of the normal duties of employment. See Kansas Statutes 75-4322
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in meet and confer proceedings.
(b) It shall be a prohibited practice for a public employer or its designated representative willfully to:
(1) Interfere, restrain or coerce public employees in the exercise of rights granted in Kan. Stat. Ann. § 75-4324, and amendments thereto;
(2) dominate, interfere or assist in the formation, existence, or administration of any employee organization;
(3) encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;
(4) discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such employee has formed, joined or chosen to be represented by any employee organization;
(5) refuse to meet and confer in good faith with representatives of recognized employee organizations as required in Kan. Stat. Ann. § 75-4327, and amendments thereto;
(6) deny the rights accompanying certification or formal recognition granted in Kan. Stat. Ann. § 75-4328, and amendments thereto;
(7) deliberately and intentionally avoid mediation, fact-finding, and arbitration endeavors as provided in Kan. Stat. Ann. § 75-4332, and amendments thereto; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for public employees or employee organizations willfully to:
(1) Interfere with, restrain or coerce public employees in the exercise of rights granted in Kan. Stat. Ann. § 75-4324, and amendments thereto;
(2) interfere with, restrain or coerce a public employer with respect to management rights granted in Kan. Stat. Ann. § 75-4326, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;
(3) refuse to meet and confer in good faith with a public employer as required in Kan. Stat. Ann. § 75-4327, and amendments thereto;
(4) deliberately and intentionally avoid mediation, fact-finding and arbitration efforts as provided in Kan. Stat. Ann. § 75-4332, and amendments thereto; or
(5) engage in a strike.
(d) (1) It shall be a prohibited practice for a public employee organization to endorse candidates, spend any of its income, directly or indirectly, for partisan or political purposes or engage in any kind of activity advocating or opposing the election of candidates for any public office.
(2) For the purposes of this section, “partisan or political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary or election.
(e) In the application and construction of this section, fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment shall be regarded as binding or controlling precedent.